NSW Fair Trading Minister, Linda Burney, today said a landmark case in the Consumer, Trader and Tenancy Tribunal sent a clear message to training colleges and their agents that they are responsible for delivering on their promises. 

Ms Burney said the case involved 19 students of Chinese background who had enrolled in a Certificate III course in aged care which was advertised and promoted by a third party, or agent, who collected their fees and arranged their enrolment.

“This course should have provided the students with a certificate that would enable them to gain employment in nursing homes, hostels and community run aged care services which are in urgent need of trained people,” Ms Burney said.

“Instead, all the students got was ripped off.

“The Tribunal ordered Jill Van der Koi trading as Worksmart Interactive Training and Personnel to issue certificates to the four students who had completed the course. The Tribunal also ordered that Jia Cheng International (Group) Pty was to give a full refund of the course fees to 15 students. 

Ms Burney some of the students were lucky enough to have completed their course before all courses were suspended in November 2007, but have not been issued with their certificate which they needed to gain jobs in the aged care sector. 

“Others were only part way through their course and did not know when or if they would be able to resume their studies,” Ms Burney said.

“As the Tribunal heard, these students suffered and continue to suffer because of a commercial dispute between the college and agent over payment of money.”

Ms Burney said that in handing down the decision the Tribunal Chairperson utilised the recently commenced provisions of the Consumer Claims Act, 2008 to find against both the college and the agent.

“As this case demonstrated, it is not always clear for consumers who they should take action against when more than one trader is involved and they may not be the one directly supplying the goods or services,” Ms Burney said.

“I am very pleased that the recent amendments, which commenced exactly two weeks ago, have already started to achieve their intended purpose – which is to make it easier for consumers to get a fair solution from the Tribunal when they get caught up in a marketplace dispute.

“The fallout from this case is clear for colleges and agents – you must deliver on your promises and can’t hide behind contractual or financial disputes when students have paid their money in good faith.”

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